Order to bar those in jail from contesting polls 'erroneous': Kapil Sibal

PTI|

Updated: Aug 27, 2013, 05.23 PM IST

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Sibal's remark drew mixed response from the parties with Ravishankar Prasad (BJP) asking him to show respect towards the judiciary.

NEW DELHI: Courts are "enthusiastic" to portray politicians as criminals, Law Minister Kapil Sibal said today asking them to be "extremely careful" while delivering judgements which have an impact on the polity of the country.

"There is a general negative perception in the country that all politicians are criminals...Courts are enthusiastic to prove us so, even if we are not so," he said while moving the Representation of the People (Amendment and Validation) Bill, 2013.

Sibal's remark drew mixed response from the parties with Ravishankar Prasad (BJP) asking him to show respect towards the judiciary and SP members including Naresh Agrawal fully backing him on it.

"I have greatest respect for the judiciary and that is why we never make adverse comments against any judge or court," he said in response to Prasad's remarks.

The Law Minister said the verdict of a court to bar persons in jail from contesting elections was "clearly erroneous" as the matters or right to vote and right to be on electoral roll were being dealt by separate sections in the Constitution and till proven guilty, every one was to be taken as innocent.

"We are fallible, we commit mistakes and the judges can also commit mistakes...the judiciary should be extremely careful while giving judgements which can affect the polity of the country," he said.

Noting that the "delicate balance" between the various institutions of the Constitution has been disturbed, Sibal said there was an environment of "mistrust" in which the political class was dubbed as criminal.

"The nation has suffered because of this and the delicate balance has been disturbed. We are partly to be blamed and others too might have failed. When we do not perform, the other organ steps in," he said.

The Law Minister said if other organs of the system were keen to reform, "then so are we... We have failed to perform our duty. If there is some fault in some institution, it needs to correct itself. There is need for the media to correct itself."

He said the Constitution is a carefully crafted document and if it has failed to be implemented, then "it is we who have failed it, it has not failed."

Moving to negate a Supreme Court verdict, the government introduced in Rajya Sabha a bill to allow people in jail to contest polls.

The Representation of the People (Amendment and Validation) Bill, 2013, introduced by Sibal, provides for two changes in the Act of 1951 which were approved by the Union Cabinet last week.

The amendments to the RPA, if passed by Parliament, shall come into effect from July 10, 2013, the day the Supreme Court gave the judgment barring those in jail from contesting.

"The government has examined the said order of the Supreme Court and has filed a petition for review of the said order in consultation with the Attorney General of India," said the statement of objects and reasons for introducing the amendment to the Representation of the People Act, 1951.

"Further, the government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said order of the Supreme Court. Therefore, it is proposed to amend the said Act," Sibal said.

Taking part in the debate on the bill, Rajiv Pratap Rudy (BJP) said the faith of the people in the political class was going down and issues concerning it have to be addressed to save democracy.